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May 2012 RULES OF PROFESSIONAL CONDUCT Ch 32, p.85
organizations enumerated in paragraphs (d)(1) through (4) and may perform legal services for
those to whom the lawyer was recommended by the office or organization to do such work if
both of the following requirements are met:
(i) The person to whom the recommendation is made is a member or beneficiary of such
office or organization.
(ii) The lawyer remains free to exercise independent professional judgment on behalf of the
client.
(d) A lawyer shall not knowingly assist a person or organization that furnishes or pays for
legal services to others to promote the use of the lawyer’s services or those of the lawyer’s
partners or associates or any other lawyer affiliated with the lawyer’s firm, except as permitted
by this rule. However, this rule does not prohibit a lawyer, a partner, an associate, or any other
lawyer affiliated with the lawyer or firm, from being recommended, employed or paid by, or
cooperating with, one of the following offices or organizations that promote the use of the
lawyer’s services or those of a partner, associate, or any other lawyer affiliated with the lawyer
or the firm:
(1) A legal aid office or public defender office operated or sponsored by a duly accredited law
school, a bona fide nonprofit community organization, or a governmental agency, or operated,
sponsored, or approved by a bar association.
(2) A military legal assistance office.
(3) A lawyer referral service operated, sponsored, or approved by a bar association.
(4) A legal services plan. A legal services plan is any bona fide organization that recommends,
furnishes, or pays for legal services to its members or its beneficiaries provided all of the
following conditions are satisfied:
(i) Such organization, including any affiliate, is organized and operated so that no profit
is derived by it from the rendition of legal services by lawyers, and that, if the organization
is organized for profit, the legal services are not rendered by lawyers employed, directed,
supervised, or selected by it except in connection with matters where such organization bears
ultimate liability of its member or beneficiary.
(ii) Neither the lawyer, nor any partner, associate, or other lawyer affiliated with the lawyer’s
firm, nor any nonlawyer, shall have initiated or promoted such organization for the primary
purpose of providing financial or other benefit to such lawyer, partner, associate, or affiliated
lawyer.
(iii) Such organization is not operated for the purpose of procuring legal work or financial
benefit for any lawyer as a private practitioner outside of the legal services program of the
organization.
(iv) The member or beneficiary to whom the legal services are furnished, and not such
organization, is recognized as the client of the lawyer in the matter.
(v) Any member or beneficiary who is entitled to have legal services furnished or paid for
by the organization may, independent of the arrangement, if such member or beneficiary so
desires, and at the person’s own expense, select counsel other than that furnished, selected, or
approved by the organization for the particular matter involved.
(vi) The legal service plan of such organization provides appropriate relief for any member
or beneficiary who asserts a claim that the representation by counsel furnished, selected, or
approved would be unethical, improper, or inadequate under the circumstances of the matter
involved and the plan provides an appropriate procedure for seeking such relief.
(vii) The lawyer does not know or have cause to know that such organization is in violation
of applicable laws, rules of court, and other legal requirements that govern its legal service
operations.
(viii) The legal services plan is developed, administered, and operated so as to prevent a
third party from interfering with or controlling a lawyer’s performance of his or her duties or
a third party’s receipt of any part of the consideration paid to a lawyer for furnishing legal
services.
(ix) There is no publicity and solicitation concerning the arrangement except by means
of simple, dignified announcements. Such announcements may only set forth the purpose
and activities of the organization and the nature and extent of the benefits provided under
the arrangement. The announcements shall not identify the lawyers who render the legal
services, and such announcement must be solely for the good faith purpose of developing,